Tampa DUI Accident Lawyers

Drunk driving is one of the most reckless, negligent, and dangerous
things a person can do. Accidents from drunk driving can cause major
injuries and even fatalities, all as a result of the driver’s
carelessness. Morgan & Morgan is committed to holding these negligent
parties, such as those operating a vehicle under the influence of
alcohol, accountable for their actions.

Our Tampa lawyers have extensive experience handling drunk driving
accident claims and successfully getting their client’s compensation for
medical bills, lost wages, and other losses. In some cases, our drunk
driving injury attorneys have even gotten our clients punitive damages -
these are to punish the defendant and deter them and others from making
that mistake in the future.

We offer thorough investigations, cost-free
consultations, and most importantly, results. Morgan & Morgan has gotten
victories worth millions of dollars for its clients; we have the
resources and expertise needed to get you compensation for your drunk
driving accident, giving you a voice when you need it most.

To learn more about your legal options, please complete our
case review form. Your claim will be
reviewed by a Tampa drunk driving injury attorney, at no cost or obligation to you.

How Can a Tampa Drunk Driving Injury Attorney Help?

Drunk driving accidents often result in serious injuries, and in some
cases, death. While you focus on recovery, your attorney will create a
claim on which your insurance claim and potential lawsuit will be based.
In creating this claim, your attorney will investigate and gather
information relevant to the accident, which may include:

Police car video of the scene

Police reports

Photographs of the scene

Witness statements

Breathalyzer results, if available

Blood and urine test results, if available

Your medical records

The names of medications the driver may have also taken and

Your account of the accident

Your claim will attempt to demonstrate that the other driver was at
fault for the accident (i.e. drunk) and is therefore responsible for
your losses. If the driver refuses a breathalyzer test at the scene, it
may be difficult to prove he or she was under the influence at the time
of the accident.

If the test is declined at the scene, the driver’s
blood alcohol level, when it is finally tested, may have dropped to a
level below Florida’s .08% driving limit. In these instances, your
attorney will have to establish the driver was under the influence when
the accident occurred - without this piece of vital medical evidence.

To gather additional information which can help support your claim, your
attorney may speak with the establishment or individual that supplied
the driver with alcohol, talk with individuals who saw the driver prior
to the incident, research the driver’s history of alcohol abuse or drunk
driving and consult with experts, including accident reconstructions.

Using this information, your attorney may
be able to complete a timeline and determine whether alcohol was the
direct cause of the crash.

Negligence and Wrongful Death Lawsuits

Your lawsuit against the drunk driver and/or insurance company will
likely be based on the theory of negligence or wrongful
death. Your attorney must prove
certain elements to show that the other party was negligent in causing
the accident.

Duty of Care: The driver who caused your injury must have owed you
a duty of care. Operating a vehicle automatically imposes a duty of
care to others on the roadway and surrounding area.

Breach of Duty: The driver breached this duty by driving under the
influence, and perhaps also by violating other traffic laws. A key
element in establishing a breach of duty is proving the driver was
intoxicated above Florida’s legal limit of .08 to operate a vehicle.

Injury: You sustained an injury in the accident.

Causation: The injury was caused by the driver’s
breach of duty (drunk driving).

Negligence claims may be filed by the injured party, seeking
compensation for expenses and pain incurred as a result of the accident.

In the event of a fatal crash in Tampa, a wrongful death lawsuit may be
an option for surviving family members.

Drunk Driving Liability

A number of parties may be liable for a drunk driving accident,
including:

Drunk Driver: If an accident occurs while one of the drivers is
under the influence of alcohol, the intoxicated party may be liable
for breaking the law and driving recklessly.

Employer: The employer of the driver may be liable if the accident
occurred in a company-owned vehicle or while in the process of
completing a work-related task.

Third Party: If another’s negligence contributed to the accident,
they may also be liable for damages. These third parties may include
passengers who knew the driver was intoxicated but allowed them to
drive, or police officers who let drivers under the influence continue
to drive after being pulled over.

Florida’s Dram Shop Law Liability

Florida’s Dram Shop law, enacted to limit frivolous lawsuits, provides
protection for certain parties, limiting the instances in which they may
be liable for a drunk driving accident. The person or business (e.g.
bars, liquor stores, clubs, party hosts, friends, etc.) providing the
driver with alcohol are typically not liable for damage caused by the
driver; however, there are two exceptions.

Sale to Minors: If a business provides alcohol to a minor they can
be held liable for damages. Providing alcohol to a minor, regardless
of knowledge of the age of the individual, makes the business strictly
liable for damages.

Knowledge of Abuse: If an individual or entity knows the driver
has a history of abusing alcohol and still serves them, they may be
liable for any resulting damages.

What Compensation Can I Recover?

Medical Expenses: This can include hospital bills, rehabilitation,
transportation, medication, and any other injury-related expenses you
may have.

Lost Wages: If your injury has prevented you from working, you may
be entitled to compensation for the money you would have earned, had
the accident not occurred.

Loss of Earning Capacity: If the injury causes a permanent
disability that affects your capability to perform your job as you had
prior to the accident, you may be entitled to compensation to offset
the difference between your current income and the amount you were
earning prior to the accident.

Pain and Suffering: This covers mental anguish you have sustained
as a result of the accident, including treatment for depression,
anxiety, fear, and other mental anguish. Additionally, coverage may be
provided for pain endured as a result of the injury or related
treatment.

Loss of Consortium: The victim’s spouse may be able to recover for
the loss of intimacy and quality of the marriage.

Punitive Damages

In some drunk driving cases, the attorney may seek punitive damages.
These damages serve to punish the negligent party for their actions and
deter similar behavior in the future.

In Florida, punitive damages may be awarded if the jury finds:

The conduct which caused the injury was gross and flagrant, and showed
a reckless disregard for human life

The conduct showed such an entire lack of care that the driver must
have been consciously indifferent to the consequences

The conduct showed such an entire lack of care that the driver must
have recklessly disregarded the safety and welfare of the public

The conduct was so reckless it could be considered an intentional
violation of others’ rights

How Can Morgan & Morgan Help You?

Have you been injured, or lost a loved one, in an accident with a
drunk driver? If so, you may be entitled to damages for your losses.
To learn more about how our Tampa attorneys may be able to help, please
fill out our free case review form
today.